2016026 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Refugee Tribunal to dismiss their application for a protection visa. The dismissal had occurred because the applicant failed to attend a scheduled hearing before the Tribunal. The applicant did not apply for reinstatement of their application within the prescribed 14-day period following the dismissal.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal decision, given the applicant's failure to seek reinstatement within the stipulated timeframe. This also raised the question of whether, in such circumstances, the decision under review was to be considered affirmed.

The Tribunal Member, Tania Flood, applied the relevant legislative provisions which mandated the confirmation of a dismissal decision if an application for reinstatement was not made within 14 days. Consequently, the Tribunal was bound to confirm the dismissal. As a result, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.